Ordinary Council Meeting Minutes                                                           25 July 2019

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MINUTES

coffs harbour CITY cOUNCIL
Ordinary Council Meeting
Council Administration Building

Cnr Coff and Castle Streets, Coffs Harbour
ON
Thursday, 25 July 2019 AT 5.00pm

 

PRESENT:              Cr Denise Knight, Cr Michael Adendorff, Cr Paul Amos, Cr John Arkan,
Cr George Cecato, Cr Keith Rhoades, Cr Tegan Swan, Cr Sally Townley

STAFF:                    General Manager, Director Sustainable Infrastructure, Director Sustainable Communities, Director Business Services and Executive Assistant

 

Leave of Absence      Nil

Opening of Ordinary Meeting

The meeting commenced at 5.00pm with the Mayor, Cr D Knight in the chair.

Acknowledgement of Country

We respectfully acknowledge the Gumbaynggirr Country and the Gumbaynggirr Aboriginal peoples who are traditional custodians of the land on which we meet and their Elders both past and present.

Statement in relation to Recording of Meetings

The Mayor reminded the Chamber that the meeting was to be recorded and live audio streamed, and that no other recordings of the meeting would be permitted.

Public forum

Time

Speaker

Item

5.00 pm

Ann Leonard

For report RM19/01 - Rescission Motion - Progression of the Cultural and Civic Space Project

5.05 pm

Janne Lindrum

For report RM19/01 - Rescission Motion - Progression of the Cultural and Civic Space Project

5.10 pm

Cheryl Ward

Against report RM19/01 - Rescission Motion - Progression of the Cultural and Civic Space Project

5.15 pm

Jan Strom

Against report RM19/01 - Rescission Motion - Progression of the Cultural and Civic Space Project

 

Disclosure of Interest

Councillor

Items

Type of Interest

Cr Tegan Swan

SC19/30 2019/2020 Community Capital Infrastructure Grants Program

Non-Pecuniary - Significant Conflict as she is employed by one of the applicants to the grant program.

Cr Keith Rhoades

SC19/30 2019/2020 Community Capital Infrastructure Grants Program

Non-Pecuniary - Significant Conflict as he holds an executive position on the board of one of the applicants.

Cr Denise Knight

SC19/30 2019/2020 Community Capital Infrastructure Grants Program

Non-Pecuniary - Less Than Significant Conflict as a patron of Sawtell Surf Life Saving Club.

Cr Michael Adendorff

RM19/01 Rescission Motion - Progression of the Cultural and Civic Space Project

Non-Pecuniary - Less Than Significant Conflict as a co-owner of properties, all located on the other end of the CBD.

Cr John Arkan

RM19/01 Rescission Motion - Progression of the Cultural and Civic Space Project

Non-Pecuniary - Less Than Significant Conflict as his wife works as a librarian at the library.

 

Apologies

No apologies.

 

LEAVE OF ABSENCE

No requests for leave of absence

 

Confirmation of Minutes

2019/117

Resolved (Cr John Arkan / Cr Sally Townley)

That the minutes of the Ordinary Meeting held on 11 July 2019 be confirmed.

The Motion on being put to the meeting was carried unanimously.

Carried

 


 

RESCISSION MOTION

 

RM19/01         Rescission Motion - Progression of the Cultural and Civic Space Project

 

Councillors Rhoades, Amos and Arkan, have given notice that at the next Ordinary Meeting of Council to be held on 25 July 2019, they intend to move the following rescission motion:

 

RESCISSION Motion (Cr Keith Rhoades / Cr John Arkan)

That the resolution 2019/114 titled GM19/18 Progression of the Cultural and Civic Space Project that was passed on 11 July 2019 of meeting be rescinded.

That Council Authorise progression of the Cultural & Civic Space Project to detailed design and construction including:

1.       Approval of full project funding at $76,520,000 with expenditure expected between 2018/19 and 2022/23;

2.       Noting that a development application will be lodged which is categorised as State Significant Development under section 4.36 of the Environmental Planning and Assessment Act, 1979;

3.       Authorising the disposal of the following properties through an expression of interest process and for a sale price of no less than the independent valuation less 10%:

3.1.      Administration Building, 2 Castle St, Coffs Harbour (Lot 2 Sec DP 566885, Lot 1 Sec DP 566855, Lot 8 Sec 6 DP 758258),

3.2.      Rigby House, 27-29 Duke Street Coffs Harbour (Lot 110 Sec DP 777398),

3.3.      169-171 Rose Ave, Coffs Harbour (Lot 100 Sec DP 861850),

3.4.      Museum, 215A Harbour Drive, Coffs Harbour (Lot 101 Sec DP 1041655);

4.       Authorising the preparation and execution of Contracts for Sale and any other necessary documents under the Common Seal of Council;

5.       Endorsing the revised method of procurement for the builder as “Design & Construction with 2 Stage Early Contractor Engagement”; and

6.       Noting that a report will be provided to Council as soon as possible outlining the procurement steps to engage the design team going forward.

 

There were four speakers four the motion and four speakers against the motion.

At the conclusion of the final speaker against the rescission motion, Councillors Rhoades, Swan, Arkan and Amos left the meeting, the time being 6.29pm.

At this point, the Mayor adjourned the meeting for 30 minutes due to lack of quorum, the time being 6.29pm.

At 7.00pm the meeting was reconvened with Crs Knight, Townley, Cecato and Adendorff in attendance, the Mayor asked were there any other Councillors who were going to rejoin the meeting.

Due to a lack of quorum, the Mayor advised that the meeting will be reconvened at 11am Friday 26 July 2019, commencing with the right of reply, as there is still business to transact.

 

At 11.00am on 26 July 2019, the meeting was reconvened with Crs Knight, Cecato, Adendorff and Townley in attendance.

The Mayor asked if there was a quorum and if there were any apologies.  There was no quorum and no apologies, noting that Councillors Amos, Rhoades, Swan and Arkan were observed standing in the foyer, the meeting was adjourned for 30 minutes, the time being 11.01am.

 

At 11.31am the meeting was reconvened with Crs Knight, Townley, Cecato and Adendorff in attendance. The four absent Councillors were observed to still be standing in the foyer.

Due to a lack of quorum, the Mayor advised that the meeting will be reconvened at 5pm Thursday 8 August 2019, commencing with the right of reply.

 

At 5.00pm on 8 August 2019, the meeting was reconvened with Crs Knight, Adendorff, Amos, Arkan, Cecato, Rhoades, Swan, Townley in attendance.

 

Acknowledgement of Country

We respectfully acknowledge the Gumbaynggirr Country and the Gumbaynggirr Aboriginal peoples who are traditional custodians of the land on which we meet and their Elders both past and present.

 

The Mayor reminded the Chamber that the meeting was to be recorded and live audio streamed, and that no other recordings of the meeting would be permitted.

 

On reconvening the business of the 25 July 2019 meeting Cr Rhoades was invited to exercise his right of reply. Following several questions from Councillors, Cr Rhoades then exercised his right of reply, during this he tabled a petition.

RM 19/01 was then put to the vote:

For:         Crs Amos, Arkan, Rhoades and Swan

Against:  Crs Knight, Adendorff, Cecato and Townley

The RESCISSION MOTION on being put to the meeting resulted in a tied vote. The Mayor used her casting vote and the RESCISSION MOTION was declared LOST.

 

 

Directorate Reports - Business Services

Cr Arkan left the metting, the time being 5.34pm

 

 

BS19/34          Bank and Investment Balances for June 2019

 

Executive Summary

Council’s Bank Balances and Investments as at 30 June 2019 totalled $220,767,239.59.  Council receives independent advice and invests surplus funds in accordance with Council’s Investment Policy to maximise investment income and preserve capital to assist with funding requirements for projects listed under the My Coffs Community Strategic Plan.

Also included in the monthly report is a summary of Council’s Socially Responsible Investment Performance (refer Attachment 1). In this final Monthly Investment Performance Report for the Financial Year Ending 30 June 2019, further analysis is provided of Council’s Socially Responsible Investment Performance against last financial year in the Issues section of this report.

2019/118

Resolved (Cr Sally Townley / Cr Tegan Swan)

That Council:

1.         Note the bank balances and investments totalling $220,767,239.59 (including from loans, Developer Contributions and other avenues that form the restricted accounts and are committed for future works) as at 30 June 2019.

2.         Note the analysis of Council’s Socially Responsible Investment Performance for 2018/19 Financial Year.

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

BS19/35          Review of Environmental Levy Policy

 

Executive Summary

Council approved a new Environmental Levy (EL) Policy at its meeting on 10 May 2018 with an implementation date of 1 July 2018.  The purpose of the policy is to provide the framework for the allocation of Environmental Levy funds to support major Council environmental initiatives and a community based Environmental Levy Grants Program. A review date of 1 July 2019 was determined to allow an early review to make any improvements based on the first year of operation.

This report provides a review of the Environmental Levy Policy after the first year of operation. This report will also address Council resolutions that have been raised in relation to the Environmental Levy Policy, including Resolution numbers 2019/58, 2018/116, and 2018/146, as contained within the body of the report.

The main points of consideration within this report include the expansion of the EL Major Strategic Programs and Projects themes to include environmental health and water quality testing initiatives and an increase in Council’s Water Fund allocation to fund prospective projects under the expanded theme. There are proposed updates to the policy to include a provision for Environmental Levy Grants Program projects to submit half-yearly progress reports.

2019/119

Resolved (Cr Tegan Swan / Cr Sally Townley)

That Council:

1.         Endorse the draft revised Environmental Levy Policy (Attachment 2) and place it on public exhibition for a period of at least 28 days seeking feedback.

2.         Note that a further report will be brought back to Council for consideration following the public exhibition of the draft revised Environmental Levy Policy.

3.         Approve an increase of Council’s Water Fund from $50,000 to $100,000 to assist in the funding of prospective projects under the expanded theme Environmental and Waterway Health Initiatives.

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

Notices of Motion – Sustainable Communities

 

NOM19/06      Investigation of Possible Sites for Athletics Facility

2019/120

Resolved (Cr Sally Townley / Cr Michael Adendorff)

That Council:

1.         Supports in principle the establishment in the near future of a permanent year round Regional Athletics Centre, consisting of an international standard 400m multi-lane (minimum 8) all weather synthetic-surfaced track and field facility, to be situated in the Coffs Harbour Local Government Area to service Coffs Harbour and the surrounding area and for the overall benefit of the North Coast Region.

2.         Recognises the establishment of a Regional Athletics Centre would presently be dependent on funding being provided by the State and/or Federal Governments, with the contribution of Council being the provision of land.

3.         Undertakes to identify and report on suitability of potential sites for the establishment of a permanent Regional Athletics Centre, with a supporting funding allocation of $40,000 from the Community Facilities Reserve.

4.         That the potential sites for investigation include the following:

a)    North of the Hockey Fields

b)    At the grounds managed by the Coffs Harbour Rugby League Club Inc.

c)    At York St oval.

 

Cr Arkan returned to the meeting, the time being 5.35pm.

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

Directorate Reports - Sustainable Communities

 

SC19/26          Development Application No. 0709/17 - Dwelling-House - Lot 62, DP 1143405, Solitary Islands Way, Emerald Beach

 

Executive Summary

This report provides an assessment of Development Application 0709/17DA for a dwelling-house at Lot 62 DP 1143405, Solitary Islands Way, Emerald Beach.

At its meeting of 12 October 2017, Council adopted the ‘Development Applications - Consideration by Council Policy’, which outlined:

Development applications for approval involving substantial aspects of the following elements to be referred to Council for determination:

a)   Significant public interest and community input

b)   A proposed variation to the Local Environmental Plan that varies from the development standard by more than 10%

c)   Significant land use

d)   Major environmental issues

During the assessment process, Council received 27 submissions. Accordingly, this matter is reported to Council for determination due to significant public interest and community input.

It is recommended that the development be approved, subject to the imposition of conditions.

2019/121

Resolved (Cr Sally Townley / Cr Tegan Swan)

That Council:

1.         Refuse Development Application No. 0709/17 for a dwelling-house at Lot 62 DP 1143405, Solitary Islands Way, Emerald Beach on the grounds that it:

1.1      is contrary to public interest;

1.2      does not meet the principles of Ecologically Sustainable Development;

1.3      will be unable to provide alternative all weather access and egress as required under Planning for Bush Fire Protection (2006) Guidelines.

2.         Advise persons who made a submission on Development Application No. 0709/17 of Council’s decision.

For:         Crs Knight, Cecato, Swan and Townley

Against:  Crs Adendorff, Amos, Arkan and Rhoades

The MOTION on being put to the meeting resulted in a tied vote. The Mayor used her casting vote and the MOTION was declared CARRIED.

Carried

 

 

 

SC19/27          Development Application No. 0285/19 - Telecommunications Facility - Lot 202 DP 1219403, 544-556 Solitary Islands Way, Moonee Beach

 

Executive Summary

This report provides an assessment of Development Application No. 0285/19 for a Telecommunications Facility at Lot 202 DP 1219403, 544-556 Solitary Islands Way, Moonee Beach.

At its meeting of 12 October 2017, Council adopted the ‘Development Applications - Consideration by Council Policy’, which outlined:

That development applications for approval involving substantial aspects of the following elements be referred to Council for determination:

-     Significant public interest and community input;

-     A proposed variation to the Local Environmental Plan that varies from the development standard by more than 10%;

-     Significant land use; and

-     Major environmental issues.

The development application is reported to Council for determination because it proposes to vary a development standard in the Local Environmental Plan by more than 10%.

2019/122

Resolved (Cr Sally Townley / Cr Tegan Swan)

That Council:

1.         Refuse the request to vary a development standard made pursuant to Clause 4.6 of Coffs Harbour Local Environmental Plan 2013 for the variation to the Height of Buildings control under Clause 4.3 of Coffs Harbour Local Environmental Plan 2013 in this particular case.

2.         Refuse Development Application No. 0285/19for a Telecommunications Facility at Lot 202 DP 1219403, 544-556 Solitary Islands Way, Moonee Beach on the grounds that it:

2.1      is contrary to public interest;

2.2      has unacceptable visual and streetscape impacts;

2.3      has not adequately considered future residential development and proximity of proposed school.

For:         Crs Knight, Adendorff, Amos, Arkan, Cecato, Swan and Townley

Against:  Cr Rhoades

Carried

 

 

 

SC19/28          Draft Coffs Harbour Development Control Plan 2015 - Amendment No. 13 (Housekeeping 4)

 

Executive Summary

Coffs Harbour Development Control Plan 2015 (‘DCP 2015’) came into force on 21 October 2015 and gives effect to Coffs Harbour Local Environmental Plan 2013 (‘LEP 2013’). To ensure that it remains up to date and facilitates positive growth outcomes for the Coffs Harbour Local Government Area (LGA), Council routinely undertakes housekeeping reviews of DCP 2015.

The purpose of this report is to seek endorsement from Council to undertake a fourth housekeeping review of DCP 2015 to address a resolution from Council’s Ordinary Meeting of 9 May 2019. At that meeting, Council resolved to release a ‘restriction on use’ that applies to Lots 32-35, DP1237515, Cobia Close, Korora and to amend front, side and rear setback requirements for this land, to address perceived amenity issues from adjoining landowners that could result from future development on the land.

2019/123

Resolved (Cr Paul Amos / Cr John Arkan)

That Council:

1.         Endorse and publicly exhibit draft Coffs Harbour Development Control Plan 2015 – Amendment No. 13 (Housekeeping 4) (Attachment 1) for a minimum of period of 28 days and notify adjoining and affected property owners.

2.         Consider a further report, outlining the outcomes of public exhibition of draft Coffs Harbour Development Control Plan 2015 – Amendment No. 13 (Housekeeping 4).

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

 

SC19/29          Contract No. RFT-955-to Design and Construct Solar PV Systems

 

Executive Summary

Council adopted the Renewable Energy and Emissions Reduction Plan (REERP) on 14 April 2016. The REERP details Council’s commitment to corporate targets of 100% renewable energy by 2030 and 50% reduction in emissions by 2025. A target of 25% renewable energy and emissions reduction by 2020 was also adopted on 14 April 2016.

The intent of the Solar PV Systems Project is to generate renewable energy to be used by Council’s assets, to significantly reduce emissions and to realise the savings in energy costs from this investment.  This project is particularly important as it demonstrates Council’s ongoing commitment in accordance with Council’s Sustainability and Climate Change Policies.

To achieve this objective, Council went to tender for the Design and Construction of Solar Photovoltaic (PV) System installations on 16 Council owned assets throughout the Coffs Harbour Local Government Area (LGA). Council received ten responses and all tenderer prices received significantly exceed the project’s anticipated budget.

Council resolved on 9 May 2019, to decline all tenders received for Contract No. RFT-955-TO Design, Construct and Install Solar Photovoltaic (PV) Systems on Council Sites, and to enter into negotiations with any person (whether or not the person was a tenderer) with the view to entering into a contract in relation to the subject matter of the tender.

2019/124

Resolved (Cr Sally Townley / Cr John Arkan)

That Council:

1.         Allocates a budget variation to the Design and Construct Solar PV System Project of $4,382,301, representing:

General Fund (Renewable Energy Fund)                             $  322,816

Holiday Parks (Woolgoolga / Sawtell / Park Beach)            $  164,504

Airport                                                                                          $  283,025

Water Fund (unexpended loans)                                            $1,306,385

Sewer Fund (unexpended loans)                                           $2,305,571

                                                                                                             $4,382,301

2.         Accepts the tender of Solar Depot Pty Limited ABN 78 104 275 881 for Contract RFT-955-TO for the fixed price contract of $4,382,301 (excl. GST), on the basis that:

2.1.     The tender is advantageous to Council;

2.2.     The tenderer has the necessary experience in similar works and their ability and performance are satisfactory; and

2.3.     The tenderer’s financial capacity is acceptable

3.         That the contract documents be executed under delegated authority by the General Manager.

For:         Crs Knight, Adendorff, Arkan, Cecato, Swan and Townley

Against:  Crs Amos and Rhoades

Carried

 

Crs Rhoades and Swan declared an interest in the following item, vacated the chamber and took no part in the discussion or voting, the time being 6.10pm.

 

 

SC19/30          2019/2020 Community Capital Infrastructure Grants Program

 

Executive Summary

Council’s 2019/20 Operational Plan allocates an amount of $327,800 for the Community Capital Infrastructure Grant Program to fund community infrastructure projects.  Council sought applications from not-for-profit organisations seeking to construct new public facilities or to refurbish existing infrastructure.

In response, 26 applications requesting $512,078 for the grant were received for proposed projects to the total value of $1,377,132.  Council considered all applications for capital funding in accordance with the assessment criteria with 17 proposals being recommended for funding, totalling $325,300 inclusive of a provision for project management. 

2019/125

Resolved (Cr Sally Townley / Cr Michael Adendorff)

That Council:

1.       Approve the allocation of Community Capital Infrastructure Grants totalling $325,300 as follows:

Organisation

Proposed Project

Total Cost of Project

Requested Council Funding

Funding Recommended

1.   Woolgoolga Art Gallery

Lining of internal walls, access ramps, installation of windows and doors

43,190

21,595

21,595

2.   Rotary Club of Coffs Harbour

Accessible playground equipment for Brelsford Park

46,409

20,000

20,000

3.   Sawtell Surf Lifesaving Club Inc.

Construction of a new balcony on the eastern wall of the building to replace the demolished structure (*$1,800 residual from 18/19 grants to be provided)

60,699

30,349

28,549*

4.   Gamumbi Early Childhood Education Centre Inc.

Construction of an outdoor classroom

4,039

2,020

2,020

5.   Mid Coast Communities

Renewal works at Toormina Skate Park

129,400

64,700

64,700

6.   Sawtell Golf Club Inc.

Golf cart paths

11,909

5,069

5,069

7.   Diggers Cricket Club Inc.

Refurbishment of Bray Street nets

33,956

12,874

12,874

8.   Nana Glen Cricket Club Inc.

Replacement of wicket

13,857

4,314

4,314

9.   Coffs City United Football Club Inc.

Internal redesign and refurbishment of the change rooms at McLean Street Ovals (Forsyth Park)

190,068

32,828

32,828

10. Northern Storm Football Club Inc.

Modified shipping container as a canteen at York Street Oval

75,800

19,200

19,200

11. AFL NSW

Upgrade of Centennial Oval, Woolgoolga with replacement of lights and cricket wicket

33,916

16,958

16,958

12. Woolgoolga Community Village

User-pays reverse cycle air-conditioning system and protection cages

5,748

2,874

2,874

13. Hockey Coffs Coast Inc.

Construction of kiosk and meeting room facilities

325,500

70,000

70,000

14. NSW Basketball Association

Safety padded scoring bench

9,300

4,650

4,650

15. Bonville-Sawtell Lions Club Inc.

Installation of a water bubbler at Bonville Headland (start of coastal walk)

7,195

3,597

3,597

16. Sandy Beach Action Group

(SANDBAGS)

Two picnic tables for Sandy Beach

9,750

4,750

4,750

17. Woolgoolga Neighbourhood Centre Inc.

Upgrade of Kitchen

16,900

8,450

8,450

Project Management by Council Staff

2,872

Total:

1,017,636

324,228

325,300

 

2.       Approve the allocation of the balance of the Program for:

Organisation

Proposed Project

Total Cost of Project

Requested Council Funding

Funding Recommended

1.   Woolgoolga Sports Council

Removal of a shipping container at the High Street Playing Fields in Woolgoolga

5,000

2,500

2,500

 

The Motion on being put to the meeting was carried unanimously.

Carried

 

Crs Rhoades and Swan returned to the meeting, the time being 6.11pm.

 

 

Directorate Reports - Sustainable Infrastructure

 

SI19/11           Contract No. RFT-1095-TO - Sportz Central Roof Replacement

 

Executive Summary

Council has called tenders for the replacement of the existing roof sheeting on the Sportz Central indoor stadium. Council has received $400,000 in grant funding through Sport Australia’s Community Sport Infrastructure program.

No tender prices were received by Council at the closure of the 21-day tender period.

2019/126

Resolved (Cr George Cecato / Cr Michael Adendorff)

That Council:

1.         In accordance with s178(3)(e) of the Local Government (General) Regulations 2005, enter into negotiations with any person (whether or not the person was a tenderer) with the view to entering into a contract in relation to the subject matter of the tender on the basis that:

1.1      No Tenders were received.

1.2      Retendering in the open market is unlikely to provide a better outcome for Council.

2.         Receive a further report if negotiations do not result in a Contract within the allocated budget.

The Motion on being put to the meeting was carried unanimously.

Carried

 

 

Questions on notice

No questions on notice.

 

Matters of an Urgent Nature

No matters of an urgent nature.

 

 

Close of Meeting

The Meeting closed at 6.13pm.

 

Confirmed: 22 August 2019

 

 

 

 

...................................................

Denise Knight

Mayor